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installation, operation, use, maintenance, repair, removal, or presence of Tenant's
<br />Communications Facility, other equipment and related facilities on the Leased Premises.
<br />b) Hazardous Materials. Tenant agrees that it will not use, generate, store or dispose
<br />of any hazardous material on, under, about or within the Property in violation of any law
<br />or regulation. Without limiting the scope of Subparagraph 10(a) above, Tenant will be
<br />solely responsible for and will defend, indemnify, and hold Landlord, its agents, and
<br />employees harmless from and against any and all claims, costs, and liabilities, including
<br />attorney's fees and costs, arising out of or in connection with the cleanup or restoration of
<br />the Premises and Property resulting from Tenant's use of Hazardous Materials. - For
<br />purposes of the Lease, "Hazardous Materials" shall be interpreted broadly and
<br />specifically includes, without limitation, asbestos, fuel, batteries or any hazardous
<br />substance, waste, or materials as defined in any federal, state, or local environmental or
<br />safety law or regulations including, but not limited to, CERCLA.
<br />c) Tenant's Warranty. Tenant represents and warrants that its use of the Property
<br />and Premises will not generate and Tenant will not store or dispose of on the Property or
<br />Premises, nor transport to or over the Property or Premises, any Hazardous Materials,
<br />unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to
<br />such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the
<br />existence of Hazardous Materials on the Property or Premises. The obligations of this
<br />Paragraph 10 shall survive the expiration or other termination of this Lease.
<br />Notwithstanding the foregoing, Tenant shall be permitted to use in a legal manner,
<br />without further consent from Landlord, batteries, propane fueled, or diesel -powered
<br />generators ordinarily used as back-up power sources for Tenant's equipment, and
<br />petroleum products which are fully contained within motor vehicles. However, Tenant
<br />shall specifically inform Landlord in writing 24 hours prior to use of all hazardous
<br />material which will be employed in the construction and installation of Tenant's
<br />equipment and for the removal of such equipment. At the completion of the construction,
<br />installation or removal of such equipment, Tenant shall promptly notify Landlord that
<br />such materials have been legally used, and have not contaminated the Property.
<br />d) Landlords Warranty. Landlord warrants that it has no knowledge of any
<br />hazardous materials which are stored or disposed of on the property in violation of any
<br />state or federal law as of the date of this Lease.
<br />11. Insurance.
<br />a) Workers' Compensation. The Tenant must maintain Workers' Compensation
<br />insurance in compliance with all applicable statutes. The policy shall also provide
<br />Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each.
<br />accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by
<br />disease, each employee.
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